Law  Lib 

CompLaw 
T 

Schl48m 
1908 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

LAW  LIBRARY 


WISCONSIN  LIBRARY  COMMISSION 
LEGISLATIVE  REFERENCE  DEPARTMENT 
COMPARATIVE  LEGISLATION  BULLETIN 
No  18 


MARGARET  A.  SCHAFFNER 


MADISON  WISCONSIN 
DECEMBER  igo8 


MUNICIPAL  HOME  RULE 
CHARTERS 


MARGARET  A.  SCHAFFNER 


COMPARATIVE  LEGISLATION  BULLETIN— No  18— OCTOBER,  1908 

Prepared  with  the  co-operation  of  the  Political  Science 
Department  of  the  University  of  Wisconsin 


WISCONSIN  LIBRARY  COMMISSION 

LEGISLATIVE  REFERENCE  DEP'T 

MADISON.  Wis 

JflOS 


T 


CONTENTS 

Page. 

SCOPE  OF  THE  HOME  RULE  MOVK.M  KXT 

History a 

Constitutional  Provisions •"> 

Legislation <> 

Classes  of  Cities  Having  Home  Rule  Privileges 7 

Separation  of  State  and  .Municipal  Functions 7 

Slate  Functions ; 

Municipal  Affairs 

LAWS  AND  JUDICIAL  DECISIONS 10 

Foreign  Countries 10 

United    States 11 

PROCEDURE  IX  CHARTER-MAKING 35 

Initiation  of  Charter-making :;.') 

Selection  of  Chart  or  Hoard • 

Constitution  of  Board 

Ratification  of  Charter 

-Charter  Amendments 


REFERENCES 


DKMING.  HORACE  E.  A  municipal  program.  Publications  of 
the  National  Municipal  League,  pam.  no.  7,  1901,  p.  1-15. 

Argument  in  favor  of  home  rule  for  municipalities. 
DILLON,  JOHN  F.   Commentaries  on  the  law  of  municipal  cor- 
porations.    4th  ed.  2  vols.  Boston,  1890. 

For  historical  and  critical  data  relating  to  the  development  of 
municipal  systems  in  different  countries  of  the  world,  see,  sees. 
1-17. 

EATON.  AM  ASA  M.  The  right  to  local  self-government.  Harv- 
ard Law  Review,  Feb.,  1900.  vol.  13,  no.  6,  p.  441-54. 

Presents  a  line  of  cases  holding  that  towns  and  cities  have  cer- 
tain powers  that  the  legislature  cannot  interfere  with  even  though 
the  constitution  be  silent  on  the  subject. 

GOODXOW,  FRANK  J.  Municipal  home  rule:  a  study  in  ad- 
ministration. New  York,  1901. 

Gives  an  admirable  analysis  of  the  relation  of  the  city  to  the- 
state. 

For  a  table  of  cases  relating  to  municipal  home  rule,  see  p.  VII 
to  XVI. 

.     Municipal  problems.     Xew  York.  1904. 

For  a  discussion  of  municipal  home  rule,  see  ch.  2.  The  position, 
of  the  city;  ch.  3.  The  sphere  of  municipal  activity;  ch.  4,  The  re- 
lation of  the  city  to  the  state  and  ch.  9,  The  city  council. 

HALL,  CHARLES  P.  Constitutional  and  legislative  limitations 
of  the  home  rule  charter  in  Minnesota.  Michigan  Law 
Review,  November,  1900,  vol.  5,  no.  1,  p.  6-11. 

Summarizes  the  practical  results  of  the  home  rule  charter  provi- 
sions of  the  Minnesota  constitution. 

HATTON,  At  01  STUS  RAYMOND.  Digest  of  city  charters  to- 
gether with  other  statutory  and  constitutional  provi- 
sions relating  to  cities.  Prepared  under  the  direction 
of  the  Chicago  Charter  Convention,  Chicago,  1906. 

Contains  the  constitutional  provisions  regarding  the  framing 
of  municipal  home  rule  charters  for  Cal..  Col..  Minn..  Mo.,  Ore. 
and  Wash. 

M  A i/i  IJIK.  M  ILO  R.  City  made  charters:  a  study  in  municipal 
home  rule.  Yale  Review,  February,  1905,  vol.  13,  p. 
380-407. 

Valuable  historical  and  critical  data.  Argument  in  favor  of 
borne  rule  charters. 


Municipal  (iovernment.  Annuls  of  the  American  Academy  of 
Political  and  Social  Science.  September.  1!K)|.  vol.  '.'1. 

P.  111-12;. 

A  scries  of  notes  on  municipal  home  rule  for  the  following  U»-:tli- 
ties:  Denver,  by  Frank  II.  Huberts:  Missouri,  by  II.  I..  McCiuie: 
Washington,  by  .1.  Allen  Smith:  Dnlutli.  by  \V.  .1.  .loenis:  Califor- 
nia, by  \Villiam  Denman. 

PARSONS.  FKANK.  The  citv  for  the  people.  Philadelphia. 
.1901.. 

Summari/es  the  leading  constitutional  and  statutory  provision-, 
relating  to  municipal  home  rule  in  the  I'nited  Stales.  j>  :>sr-4Us. 

PETKHS.  JAMKS  \V.  S.  Home  rule  charter  movements  in  Mis- 
souri with  special  reference  to  Kansas  ( "ily.  Annals  of 
the  American  Academv  of  Political  and  Social  Science, 
Jan..  190(5.  vol.  21.  p.  155  <>;. 

Historical  and  critical  data  relating  tt>  the  municipal  liome  rule 
movement  in  Kansas  City. 

SHAW,  ALBERT.  Municipal  .-.••overnments  in  continental  Eu- 
rope. New  York,  HKK1 

Contains  valuable  referenc-es  to  municipal  home  rule  provisions 
on  the  Continent.  See  especially  p.  30ti  and  :!s?. 

The  chief  provisions  of  the  French  municipal  code  are  given  in 
app.  3,  p.  474-!>l. 

.     Municipal  <ro\  eminent  iiiCJreal  I'.ritain.  New  York, 

1903. 

The  chief  provisions  of  the  English  municipal  code  are  triven  in 
app.  1,  p. 325  to  348.  For  references  t»  the  local  irovernment  ad  of 
1888  and  of  18!H.  see  u.  'M.  ;{?.  -_'4o  an<l  2:>4. 

WILCOX,  DKF.OS  F.     Municipal  home  rule:  city  charters  framed 

by  municipal  conventions.  Publications  of  the  Michijran 
Political  Science  Association,  March.  1901.  vol.  f>.  no.  1. 
p.  44f)  .!(;. 

I'roiKises  a  definite  protrram  of  local  self-<roveniuieiit  suited  to  the 
cities  of  Michigan. 


SCOPE  OF  HOME  RULE  MOVEMENT1 


The  home  rule  movement  in  the  United  States  has 
been  advanced  1st,  through  constitutional  provisions; 
2nd,  through  legislative  enactments. 

The  dependence  of  the  municipality  upon  the  will 
of  the  legislature  has  been  lessened  in  a  number  of 
states  through  legislation  granting  increased  power  to 
municipalities  over  local  affairs.  But  this  method  of 
extending  municipal  power  and  responsibility  neverthe- 
less leaves  the  source  of  power  in  the  legislature  and 
what  has  been  granted  at  one  session  may  be  taken 
away  at  the  next. 

The  method  of  securing  home  rule  through  constitu- 
tional provisions  empowering  the  municipality  to  frame 
its  own  charter,  places  the  local  government  beyond 
the  interference  of  the  legislature  in  matters  which  are 
purely  municipal  and  thus  secures  a  more  permanent 
basis  for  local  self  government. 

HISTORY 

Constitutional  Provisions 

Municipal  home  rule  has  been  secured  through  con- 


1  The  present  inquiry  is  limited  to  the  Question  of  home  rule  charters 
secured  through  constitutional  provisions. 


6  MUNICIPAL  HOME  RULE  CHARTERS 

stitutional  provisions  in  California,  Colorado,  Minne- 
sota, Missouri,  Oklahoma,  Oregon  and  Washington. 

Sec  Cjil.  Const.  is;<),  iiri.  11.  sec.  (i.  as  iiincndcil  in  IS'.Mi:  sec. 
8,  ;is  iiinendcd  in  1SS?.  1S<»0.  IS'.fJ.  I'.Kt^  and  IKlMi;  and  sc, 
amcndincnl  of  IS'.Mi:  Col.  Const,  art.  20,  amendment  ol  liHCJ: 
Minn.  Consl.  art.  I,  sec.  :•<;.  amendmeii!  ol'  1S!)<>  as  amended  in 
1898:  Mo.  Const.  1875,  art.  !).  sees.  Hi  and  1?  and  sees,  -jo  •.':,. 
as  amended  in  HHCi:  Okla.  Const,  1<»<:;.  art.  is.  sec.  :;  (a)  and 
sec.  3  (b):  Ore.  Const,  art.  11.  sec.  •>.  as  amended  in  !!)<)(>: 
and  Washington,  Const.  1SS1).  art.  11.  sec.  10. 

Beginning  with  the  first  constitutional  provisions  of 
Missouri  in  1875  the  home  rule  movement  gradually 
extended  to  California  in  1879,  Washington  in  1889, 
Minnesota  in  1896,  Colorado  in  1902,  Oregon  in  1906, 
Oklahoma  in  1907  and  at  the  present  time  the  propo- 
sition of  municipal  home  rule  is  before  the  people  of 
Michigan  in  the  proposed  constitution  to  be  voted 
upon  in  November,  1908. 

Legislation 

Three  general  classes  of  legislation  have  been  en- 
acted under  the  constitutional  provisions  for  home 
rule:  1st,  legislation  giving-  effect  to  the  provisions 
where  not  self  executing;  2nd,  legislation  to  supple- 
ment the  home  rule  system  ;  and  3rd,  the  ratifica- 
tion of  home  rule  charters  where  the  legislature  is 
given  the  veto  power. 


art*.  Legislation  to  give  effect  to  the  home  rule 
provisions  is  required  in  Minn.  (Const,  art.  1.  sec  :;ti;  and  in 
Wash.  iConst.  art.  11.  sec.  10). 

For  enabling  acts,  see  Minn.  Laws,  1897.  c.  •-'.">.">:  Laws,  ivr.i. 
c.  :!">1  :  and  Wash.  Ballinger's  Ann.  Codes  and  Si.  Is!)?,  sees. 
7^4-71'.'. 

Gf  in  ml  itncM.  The  home  rule  systems  of  Washington  and 
of  Minnesota  both  reserve  the  ri-rht  of  the  leirislat  ure  to  enact 


MUNICIPAL  HOME  RULE   CHARTERS  7 

laws  relating  to  municipal  affairs,  and  such  laws  are 
paramount  to  the  provisions  of  the  local  charters. 

See  Stale  v. -Carson.  1893,  6  Wash.  250,  and  the  reservation 
in  the  Minn.  Const,  art.  4,  sec.  3(5. 

Lryixluticr  rt'to.  In  California  the  proposed  charter  must  be 
submitted  to  the  legislature  for  its  "approval  or  rejection  as 
a  whole  without  power  of  alteration  or  amendment,"  but  no 
home  rule  charter  has  ever  been  refused  ratification  by  the 
Ic.irislat urc.  See  Cal.  Const,  art.  11,  sec.  8. 


CLASSES  OF  CITIES  HAVIXG  HOME  RULE  PRIVILEGES 

The  requirements  for  home  rule  privileges  vary  un- 
der the  several  constitutional  provisions.  Missouri  re- 
quires a  population  of  more  than  100,000;  Washing- 
ton, 20,000;  California,  3,500;  and  Oklahoma,  2,000. 
Colorado  extends  the  privilege  to  any  city  of  the  1st 
and  2nd  class.  In  Minnesota  any  city,  or  village  which 
is  to  become  thereby  a  city,  ''may  frame  a  charter  for 
its  own  government."  Oregon  includes  "every  city  or 
town,"  and  the  proposed  constitution  for  Michigan 
provides  for  home  rule  for  "each  city  and  village."  , 

SEPARATION  OF  STATE  AND   MUNICIPAL  FUNCTIONS 

The  question  of  "home  rule"  involves  the  separation 
of  "municipal  affairs"  from  "state  functions."  What 
is  the  sphere  of  the  state  and  what  is  the  sphere  of  the 
municipality? 

State  functions 

It  has  been  generally  established  by  judicial  deci- 
sions that  the  general  laws  of  the  state  are  supreme  in. 
"state  matters"  and  that  municipal  charter  provisions 


8  Mi  MC/PAL  HOME  RULE 

are  superseded  by  the  state  law  in  all  matters  per- 
taining to  general  police  administration,  the  adminis- 
tration of  justice,  the  conduct  of  elections,  the  admin- 
istration of  education,  the  fixing  of  city  boundaries, 
and  the  limitation  of  municipal  indebtedness. 

For  typical  decisions  compare.  Stale  ex  rel.  v.  Police  Com- 
missioners of  Kansas  City.  I'.KH.  ls|  .Mo.  lu<)  ( Police):  Miner 
v.  Justices  Courl.  1S!)S.  ]•>]  Cal.  2<il  (Justice):  Kra-'ley  \.  Phe- 
lan,  is'.iii.  L26  Cal.  383  (Elections);  Kennedy  \.  Miller,  is'.c:.  '.»; 
•Cal.  42!)  (Kdncation):  State  v.  Warner.  1892,  I  Wash.  778 
•(Boundaries):  and  Heck  v.  St.  Paul.  \W1.  s;  Minn.  :M  (Mu- 
nicipal indebtedness). 

Municipal  affairs- 

Some  difference  of  opinion  prevails  in  the  decisions 
as  to  what  is  included  under  the  term  "municipal  af- 
fairs" but  the  general  tendency  seems  to  leave  matters 
of  purely  local  interest  to  the  municipalities. 

Missouri  and  California  have  gone  farther  than  any 
of  the  other  states  in  granting  local  autonomy,  while 
Minnesota  and  Washington  have  left  more  opportun- 
ity for  the  interference  of  the  legislature. 

The  general  attitude  of  the  courts  is  well  expressed 
in  a  recent  decision  in  California  which  declares  that 
whatever  conflict  may  be  found  in  the  opinions  of  the 
court  as  to  the  precise  meaning  of  the  term  "munici- 
pal affairs"  it  has  always  been  conceded  by  all  of  the 
justices  that  the  object  of  the  home  rule  amendment 
was  to  secure  to  the  municipality  that  adopted  a  char- 
ter for  its  own  government,  the  maintenance  of  its 
charter  provisions  in  municipal  matters  and  to  deprive 
the  legislature  of  the  power  by  laws  general  in  form 


MI'XICIPAL  HOME  RULE   CHARTERS  9- 

to  interfere  in  the  government  and  management  of  the 
municipality.     Ex  parte  Braun,  1903,  141  Cal.  204. 

For  similar  decisions  compare  Fragley  v.  Phelan,  1899,  126 
C'al.  388:  Graham  v.  City  of  Fresno,  1907,  151  Cal.  465;  Roths- 
child v.  Bantel  (Cal.),  1907,  91  Pac.  803;  Dinan  v.  Superior 
Court  of  Citv  and  County  of  San  Francisco  (Cal.).  1907,  91  Pac. 
806:  People  v.  Johnson, '1905,  34  Col.  143;  State  ex  rel.  v.  Dis- 
trict Court  of  St.  Louis  County,  1903,  90  Minn.  457:  Grant  v. 
Berrisford.  1904,  94  Minn.  45: 'Peterson  v.  City  of  Red  Wing, 
1907.  101  Minn.  62;  Turner  v.  Snyder,  1907/101  Minn.  481r 
Ewiiiir  v.  Hohlitzelle,  1885,  15  Mo.  App.  441;  Kansas  City  ex 
rel.  North  Park  District  v.  Scarritt,  1895,  127  Mo.  642:  Kan- 
sas City  v.  Marsh  Oil  Co.,  1897,  140  Mo.  458:  Acme  Dairy  Co. 
v.  City' of  Astoria,  1907  (Ore.),  90  Pac.  153. 


10  MUNICIPAL  HOMi:   If!  LK   CHARTERS 


LAWS  AND  JUDICIAL  DECISIONS 


Foreign  countries 

A  comparison  of  municipal  government  in  Europe 
and  in  the  United  States  brings  out  some  fundamental 
points  of  difference.  On  the  continent  the  two-fold 
functions  of  the  municipality  as  an  agent  of  the  state 
and  as  an  organ  for  local  needs  are  more  clearly  sepa- 
rated than  in  the  United  States;  the  central  control 
over  municipalities  is  administrative  rather  than  legis- 
lative in  practice;  and  the  power  of  local  government 
in  local  affairs  is  generally  conceded  to  the  municipal- 
ity except  in  points  expressly  prohibited  by  general 
law.  The  continental  municipality  as  distinguished 
from  the  municipality  under  the  American  system  of 
jurisprudence  is  not  a  government  of  enumerated 
powers  but  is  subject  to  specially  enumerated 
restrictions.  The  separation  of  local  from  gen- 
eral governmental  functions  leaves  the  municipality  a 
definite  sphere  for  local  action  in  which  the  central 
authority  refrains  from  interfering,2  whereas  the 

'See  tin-  rrcnrh  Municiiial  r<Nlc  (Law  of  A|>rii:>.  tss*).  art.  til.  "Thr 
municipal  council  regulates  li.v  its  deliberations  the  affairs  of  tin- 
commune". 


Ml  X1CIPAL  HOME  RULE   CHARTERS  11 

American  theory  as  recently  developed,  concedes  to  the 
municipality  only  such  powers  as  have  been  specifi- 
cally granted,  and  in  the  absence  of  constitutional 
restrictions  the  municipality  is  subject  to  the  will  of 
the  legislature.3 

In  recent  years  England  has  applied  the  continental 
principle  of  local  autonomy  in  municipal  government 
and  has  extended  central  administrative  control  over 
matters  of  general  governmental  concern.4 

United  States 

California.  Const.  1879,  art.  11.  sec.  6,  as  amend, 
in  1896.  Corporations  for  municipal  purposes  shall 
not  be  created  by  special  laws ;  but  the  legislature,  by 
general  laws,  shall  provide  for  the  incorporation,  or- 
ganization, and  classification,  in  proportion  to  popu- 
lation, of  cities  and  towns,  which  laws  may  be  al- 
tered, amended,  or  repealed.  Cities  and  towns  here- 
tofore organized  or  incorporated  may  become  organ- 
ized under  such  general  laws  whenever  a  majority  of 


'The  supreme  court  of  Michigan  developed  the  doctrine  that  hack  of 
constitutional  provisions  lie  certain  inherent  powers  of  local  self-gov- 

-ernment.  that  "local  aelf-frovemment  is  a  matter  of  absolute  right  and 
the  state  cannot  take  it  away."  but  later  decisions  in  Michigan  some- 
what modified  the  earlier  position. 

Compare  the  decisions  in:  People  v.  Hurlbut.  1871.  24  Mich.  44:  People 
v.  Common  Council  of  Detroit.  1873.  28  Mich.  228:  Park  Commissioners 
v.  the  Mayor,  etc..  1874.  29  Mich.  343:  Allor  v.  Wayne.  1880.  43  Mich.  76: 
Robertson  v.  Baxter.  1885.  57  Mich.  127:  Attorney  General  v.  Detroit. 
1885.  58  Mich.  213:  Wilcox  v.  Paddock.  1887.  65  Mich.  23:  Board  of  Met. 
Police  v.  Board  of  Auditors.  1888.  68  Mich.  576. 

-  For  cases  in  other  states  which  take  a  similar  position  see:  E'eople  v. 
Albertson.  1873.  55  N.  Y.  50:  People  v.  Lynch.  1875.  51  Cal.  15:  People  v. 

•Porter.  1882.  90  N.  Y.  68:  State  v.  Denney.  1888.  118  Ind.  382:  City  of 
Evansville  v.  State.  1888.  118  Ind.  426:  Rathbone  v.  Wirth.  1896.  150  X.  Y. 
459:  State  ex  rel.  Attorney  General  v.  Moores,  1898,  55  Neb.  480. 

4  See  especially  the  provisions  of  the  Municipal  Corporations  (Con- 
solidation) Act  of  1882. 


12  Ml  A  /( 7 VAL    IH)MK   Itl'IJ-:    ('//.I  /,"/'/•: /,'N 

the  electors  voting  at  a  general  election  shall  so  de- 
termine, and  shall  organize  in  corformity  therewith; 
and  cities  and  towns  heretofore  or  hereafter  organized, 
and  all  charters  thereof  framed  or  adopted  by  author- 
ity of  this  constitution,  except  in  municipal  affairs, 
shall  be  subject  to  and  controlled  by  general  laws. 

Const.  18T9,  art.  11,  sec.  8,  as  amend,  in  1887,  1890, 
1892,  1902  and  1906.  Any  city  containing  a  popula- 
tion of  more  than  3,500  inhabitants  may  frame  a 
charter  for  its  own  government,  consistent  with  and 
subject  to  the  constitution,  (or,  having  framed  such  a 
charter,  may  frame  a  new  one),  by  causing  a  board  of 
fifteen  freeholders,  who  shall  have  been  for  at  least 
five  years  qualified  electors  thereof,  to  be  elected  by 
the  qualified  voters  of  said  city  at  any  general  or  spe- 
cial election,  whose  duty  it  shall  be,  within  ninety  days 
after  such  election,  to  prepare  and  propose  a  charter 
for  such  city,  which  shall  be  signed  in  duplicate  by 
the  members  of  such  board,  or  a  majority  of  them,  and 
returned,  one  copy  to  the  mayor  thereof,  or  other 
chief  executive  officer  of  such  city,  and  the  other  to 
the  recorder  of  the  county.  Such  proposed  charter 
shall  then  be  published  in  two  daily  newspapers  of 
general  circulation  in  such  city,  for  at  least  twenty 
days,  and  the  first  publication  shall  be  made  within 
twenty  days  after  the  completion  of  the  charter ;  pro- 
vided, that  in  cities  containing  a  population  of  not  more 
than  10,000  inhabitants,  such  proposed  charter  shall 
be  published  in  one  such  daily  newspaper;  and  within 
thirty  days  after  such  publication  it  shall  be  submitted 


MUNICIPAL  HOME  RULE   CHARTERS  13 

to  the  qualified  electors  of  said  city  at  a  general  or 
special  election,  and  if  a  majority  of  such  qualified 
electors  voting"  thereon  shall  ratify  the  same,  it  shall 
thereafter  be  submitted  to  the  legislature  for  its  ap- 
proval or  rejection  as  a  whole,  without  power  of  al- 
teration or  amendment.  Such  approval  may  be  made 
by  concurrent  resolution,  and  if  approved  by  a  ma- 
jority vote  of  the  members  elected  to  each  house,  it 
shall  become  the  charter  of  such  city,  or,  if  such  city 
be  consolidated  with  a  county,  then  of  such  city  and 
county,  and  shall  become  the  organic  law  thereof,  and 
supersede  any  existing  charter,  (whether  framed  under 
the  provisions  of  this  section  of  the  constitution  or 
not)  and  all  amendments  thereof,  and  all  laws  incon- 
sistent with  such  charter.  A  copy  of  such  charter 
certified  by  the  mayor,  or  chief  executive  officer,  and 
authenticated  by  the  seal  of  such  city,  setting  forth 
the  submission  of  such  charter  to  the  electors  and  its 
ratification  by  them,  shall  after  the  approval  of  such 
charter  by  the  legislature,  be  made  in  duplicate  and 
deposited,  one  in  the  office  of  the  secretary  of  state, 
and  the  other,  after  being  recorded  in  said  recorder's 
office  shall  be  deposited  in  the  archives  of  the  city, 
and  thereafter  all  courts  shall  take  judicial  notice  of 
said  charter.  The  charter,  so  ratified,  may  be  amended 
at  intervals  of  not  less  than  two  years  by  proposals 
therefor,  submitted  by  the  legislative  authority  of  the 
city  to  the  qualified  electors  thereof  at  a  general  or 
special  election,  held  at  least  thirty  days  after  the  pub- 
lication of  such  proposals  for  twenty  days  in  a  daily 


14  Ml'MClPAL  HOME  RULE   CHARTERS 

-newspaper  of  general  circu'ation  in  such  city,  and  rati- 
fied by  a  majority  of  the  electors  voting  thereon  and 
approved  by  the  legislature  as  herein  provided  for  the 
approval  of  the  charter.  Whenever  15  per  cent  of  the 
qualified  voters  of  the  city  shall  petition  the  legislative 
authority  thereof  to  submit  any  proposed  amendment 
or  amendments  to  said  charter  to  the  qualified  voters 
thereof  for  approval,  the  legislative  authority  thereof 
must  submit  the  same.  In  submitting  any  such  char- 
ter, or  amendments  thereto,  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of  the  vo- 
ters, and  may  be  voted  on  separately  without  prejudice 
to  others. 

Const.  (Amend.  1896),  art.  11,  sec.  8y2.  It  shall 
be  competent,  in  all  charters  framed  under  the  au- 
thority given  by  section  eight  of  article  eleven  of  this 
^constitution,  to  provide,  in  addition  to  those  provisions 
allowable  by  this  constitution  and  by  the  laws  of  the 
state,  as  follows: 

1.  For  the  constitution,  regulation,  government,  and 
jurisdiction  of  police  courts,  and  for  the  manner  in 
which,  the  times  at  which,  and  the  terms  for  which  the 
judges  of  such  courts  shall  be  elected  or  appointed,  and 
-for  the  compensation  of  said  judges  and  of  their  clerks 
and  attaches. 

2.  For  the  manner  in  which,  the  times  at  which,  and 
-the  terms  for  which  the  members  of  boards  of  edu- 
cation shall  be  elected  or  appointed,  and  the  number 
which  shall  constitute  any  one  of  such  boards. 

3.  For  the  manner  in  which,  the  times  at  which,  and 


MUNICIPAL  HOME  RULE   CHARTERS  15 

the  terms  for  which  the  members  of  the  boards  of  po- 
lice commissioners  shall  be  elected  or  appointed;  and 
for  the  constitution,  regulation,  compensation,  and 
government  of  such  boards  and  the  municipal  police 
force. 

4.  For  the  manner  in  which,  the  times  at  which,  and 
the  terms  for  which  the  members  of  all  boards  of 
election  shall  be  elected  or  appointed,  and  for  the  con- 
stitution, regulation,  compensation,  and  government 
of  such  boards,  and  of  their  clerks  and  attaches ;  and 
for  all  expenses  incident  to  the  holding  of  any  election. 

Where  a  city  and  county  government  has  been 
merged  and  consolidated  into  one  municipal  govern- 
ment, it  shall  also  be  competent  in  any  charter  framed 
under  said  section  eight  of  said  article  eleven,  to  pro- 
vide for  the  manner  in  which,  the  times  at  which,  and 
the  terms  for  which  the  several  county  officers  shall  be 
elected  or  appointed,  for  their  compensation,  and  for 
the  number  of  deputies  that  each  shall  have,  and  for 
the  compensation  payable  to  each  of  such  deputies. 

The  constitutional  provisions  relating  to  freeholders'  char- 
ters were  intended  to  give  municipalities  the  sole  right  to 
regulate,  control,  and  govern  their  internal  conduct  indepen- 
dent of  the  general  laws:  and  this  internal  regulation  and 
control  by  municipalities  comprise  those  "municipal  atfairs  " 
spoken  of  in  the  constitution.  If  the  charter  is  silent  a  gen- 
eral act  upon  the  subject  will  govern  as  if  it  were  a  charter 
provision.  Fragley  v.  Phelan,  1899.  126  Cal.  383. 

The  provisions  of  freeholders'  charters  are  supreme  as  to 
all  matters  which  the  constitution  authorizes  to  be  provided 
for  therein,  and  are  exempt  from  any  subsequent  legislative 
interference.  Graham  v.  Mayor  of  Fresno,  1907.  151  Cal.  465. 

xVlso  see  Rothchild  v.  Bant  el,  1907,  91  Pac.  803:  Dinan  v. 
Superior  Court  of  City  and  County  of  San  Francisco.  1907,  91 
Pa*:.'  806,.  and  older  cases  cited  in  these  decisions,  especially 
Ex  parte  Braun,  1903,  141  Cal.  204. 


16  VI  X It'll1  AL  HOME  RULE  CHARTERS 

Colorado.  Const.  (Amend.  1902)  art.  20,  sec.  4. 
Makes  provisions  for  a  charter  convention  to  frame 
the  first  home  rule  charter  for  the  city  and  county  of 
Denver. 

Const.  (Amend.  1902)  art.  20,  sec.  5.  The  citixcns 
of  the  city  and  county  of  Denver  shall  have  the  ex- 
clusive power  to  amend  their  charter  or  to  adopt  a 
new  charter,  or  to  adopt  any  measure  as  herein  pro- 
vided. 

It  shall  be  competent  for  qualified  electors,  in  num- 
ber not  less  than  five  per  cent,  of  the  next  preceding 
gubernatorial  vote  in  said  city  and  county  to  petition 
the  council  for  any  measure,  or  charter  amendment, 
or  for  a  charter  convention.  The  council  shall  sub- 
mit the  same  to  a  vote  of  the  qualified  electors  at  the 
next  general  election,  not  he'd  within  thirty  days  after 
such  petition  is  filed ;  whenever  such  petition  is  signed 
by  qualified  electors  in  number  not  less  than  ten  per 
cent,  of  the  next  preceding  gubernatorial  vote  in  said 
city  and  county,  with  a  request  for  a  special  election, 
to  be  held  not  less  than  thirty  days  nor  more  than 
sixty  days  from  the  date  of  filing  the  petition ;  Pro- 
vided, That  any  question  so  submitted  at  a  special 
election  shall  not  again  be  submitted  at  a  special  elec- 
tion within  two  years  thereafter. 

In  submitting  any  such  charter,  charter  amendment 
or  measure,  any  alternative  article  or  proposition  may 
be  presented  for  the  choice  of  the  voters,  and  may  be 
voted  on  separately  without  prejudice  to  others.  When- 
ever the  question  of  a  charter  convention  is  carried  by 


MUNICIPAL  HOME  RULE   CHARTERS  17 

a  majority  of  those  voting  thereon,  a  charter  conven- 
tion shall  be  called  through  a  special  election  ordinance 
as  provided  in  section  four  (4)  hereof,  and  the  same 
shall  be  constituted  and  held  and  the  proposed  char- 
ter submitted  to  a  vote  of  the  qualified  .electors,  ap- 
proved or  rejected,  and  all  expenses  paid,  as  in  said 
section  provided. 

The  clerk  of  the  city  and  county  sha.l  publish,  with 
his  official  certification,  for  three  times,  a  week  apart, 
in  the  official  newspaper,  the  first  publication  to  be 
with  his  call  for  the  election,  general  or  special,  the 
full  text  of  any  charter,  charter  amendment,  measure, 
or  proposal  for  a  charter  convention,  or  alternative 
article  or  proposition  which  is  to  be  submitted  to  the 
voters.  Within  ten  days  following  the  vote  the  said 
clerk  shall  publish  once  in  said  newspaper  the  full 
text  of  any  charter,  charter  amendment,  measure,  or 
proposal  for  a  charter  convention,  or  alternative  article 
or  proposition,  which  sha!l  have  been  approved  by  a 
majority  of  those  voting  thereon,  and  he  shall  file 
with  the  secretary  of  state  two  copies  thereof  (with 
the  vote  for  and  against)  officially  certified  by  him, 
and  the  same  shall  go  into  effect  from  the  date  of 
such  filing.  He  shall  also  certifiy  to  the  secretary  of 
state,  with  the  vote  for  and  against,  two  copies  of 
every  defeated  alternative  article  or  proposition,  char- 
ter, charter  amendment,  measure  or  proposal  for  a 
charter  convention.  Each  charter  shall  also  provide 
for  a  reference,  upon  proper  petition  therefor,  of 
measures  passed  by  the  council  to  a'  vote  of  the  quali- 


18  MTMriPAL  HOME  RULE   CHARTERS 

fied  electors,  and  for  the  initiative  by  the  qualified 
electors  of  such  ordinances  as  they  may  by  petition 
request. 

The  signatures  to  petitions  in  this  amendment  men- 
tioned need  not  all  be  on  one  paper.  Nothing  herein 
or  elsewhere  shall  prevent  the  council,  if  it  sees  fit, 
from  adopting  automatic  vote  registers  for  use  at  elec- 
tions and  references. 

No  charter,  charter  amendment,  or  measure  adopted 
or  defeated  under  the  provisions  of  this  amendment 
shall  be  amended,  repealed  or  revived,  except  by  peti- 
tion and  electoral  vote.  And  no  such  charter,  charter 
amendment  or  measure  shall  diminish  the  tax  rate  for 
state  puproses  fixed  by  act  of  the  general  assembly,  or 
interfere  in  any  wise  with  the  collection  of  state  taxes. 

Const.  (Amend.  1902)  art.  20,  sec.  6.  Cities  of  the 
first  and  second  class  in  this  state  are  hereby  em- 
powered to  propose  for  submission  to  a  vote  of  the 
qua'ified  electors,  proposals  for  charter  conventions  and 
to  hold  the  same,  and  to  amend  any  such  charter,  with 
the  same  force  and  in  the  same  manner  and  have  the 
same  power,  as  near  as  may  be,  as  set  out  in  sections 
four  (4)  and  five  (5)  hereof,  with  full  power  as  to 
real  and  personal  property  and  public  utilities,  works 
or  ways,  as  set  out  in  section  one  (1)  of  this  amend- 
ment. 

Tin-  proposed  amendment  (art.  20.)  is  hot  repujrnani  to  sec. 
I.  of  tin-  enabling  act  (approved  March  '•'<.  ls;.">:  IS  I'.  S.  Slat, 
at  I,.  474)  which  requires  the  constitution  to  be  republican  in 
form  and  is  not  repugnant  to  the  constitution  of  the  I'nited 
states.  People  v  Sours.  IJMCJ.  ::i  Col.  ::<;'.». 


MUNICIPAL  HOME  RULE   CHARTERS  19- 

Si-c  also  Parsons  v.  People,  1904.  32  Col.  221  (especially  p. 
240) 

The  authority  of  the  charter  convention  to  legislate  under 
art.  20  of  the  Const,  was  limited  to  matters  of  purely  local 
and,  municipal  concern.  People  v  Johnson,  1905,  34  Col.  143. 

Mills  Ann.  St.,  Rev.  Supp.  1891-1905,  sec.  4502w. 
Refers  to  construction  of  art.  20  of  the  Const. 

Michigan.  (Proposed  constitution  to  be  submitted 
to  the  people  in  Nov.  1908),  art.  8,  sec.  20.  The  legis- 
lature shall  provide  by  a  general  law  for  the  incorpora- 
tion of  cities,  and  by  a  general  law  for  the  incorpora- 
tion of  villages;  . 

sec.  21.  Under  such  general  laws,  the  electors  of 
each  city  and  village  shall  have  power  and  authority 
to  frame,  adopt,  and  amend  its  charter,  and,  through 
its  regularly  constituted  authority,  to  pass  all  laws  and 
ordinances  relating  to  its  municipal  concerns,  subject 
to  the  constitution  and  general  laws  of  this  state. 

Minnesota.  Const.  (Amend.  1896)  art.  4,  sec.  36,. 
as  amended  in  1898.  Any  city  or  vilage  in  this  State 
may  frame  a  charter  for  its  own  government  as  a 
city  consistent  with  and  subject  to  the  laws  of  this 
State,  as  follows :  The  legislature  shall  provide,  un- 
der such  restrictions  as  it  deems  proper,  for  a  board 
of  fifteen  freeholders,  who  shall  be  and  for  the  past 
five  years  shall  have  been  qualified  voters  thereof,  to 
be  appointed  by  the  district  judges  of  the  judicial  dis- 
trict in  which  the  city  or  village  is  situated,  as  the 
legislature  may  determine,  for  a  term  in  no  event  to 
exceed  six  years  which  board  shall,  within  six  months 
after  its  appointment,  return  to  the  chief  magistrate 
of  said  city  or  village  a  draft  of  said  charter,  signed 


20  MTXICIPAL    HOME  RULE   CHARTERS 

by  the  members  of  said  board,  or  a  majority  thereof. 
Such  charter  shall  be  submitted  to  the  qualified  voters 
of  such  city  or  village  at  the  next  election  thereafter, 
and  if  four-sevenths  of  the  qualified  voters,  voting  at 
such  election  shall  ratify  the  same  it  shall,  at  the  end 
of  thirty  days  thereafter,  become  the  charter  of  such 
city  or  vilage  as  a  city,  and  supersede  any  existing 
charter  and  amendments  thereof;  provided,  that  in 
cities  having  patrol  limits  now  established,  such  char- 
ter shall  require  a  three-fourths  majority  vote  of  the 
qualified  voters  voting  at  such  election  to  change  the 
patrol  limits  now  established. 

Before  any  city  shall  incorporate  under  this  act  the 
legislature  shall  prescribe  by  law  the  general  limit > 
within  which  such  charter  shall  be  framed.  Duplicate 
certificates  shall  be  made  setting  forth  the  charter  pro- 
posed and  its  ratification,  which  shall  be  signed  by 
the  chief  magistrate  of  said  city  or  village  and  authen- 
ticated by  its  corporate  seal.  One  of  said  certificates 
shall  be  deposited  in  the  office  of  secretary  of  state, 
and  the  other,  after  being  recorded  in  the  office  of  the 
register  of  deeds  for  the  county  in  which  such  city  or 
village  lies,  shall  be  deposited  among  the  archives  of 
such  city  or  village,  and  all  courts  shall  take  judicial 
notice  thereof.  Such  charter  so  deposited  may  be 
amended  by  proposal  therefor  made  by  a  board  of 
fifteen  commissioners  aforesaid,  published  for  at  least 
thirty  days  in  three  newspapers  of  general  circulation 
in  such  city  or  village,  and  accepted  by  three-fifths  of 
the  qualified  voters  of  such  city-  or  village  voting  at 


MUNICIPAL  HOME  RULE   CHARTERS  21 

the  next  election,  and  not  otherwise ;  but  such  charter 
shall  always  be  in  harmony  with  and  subject  to  the 
Constitution  and  laws  of  the  State  of  Minnesota.  The 
legislature  ma,y  prescribe  the  duties  of  the  commission 
relative  to  submitting  amendments  of  charter  to  the 
vote  of  the  people  and  shall  provide  that  upon  applica- 
tion of  five  per  cent  of  the  legal  voters  of  any  such 
•city  or  village,  by  written  petition,  such  commission 
shall  submit  to  the  vote  of  the  people,  proposed  amend- 
ments to  such  charter  set  forth  in  said  petition.  The 
board  of  freeholders  above  provided  for  shall  be 
permanent,  and  all  the  vacancies  by  death,  disability 
to  perform  duties,  resignation  or  removal  from  the 
•corporate  limits,  or  expiration  of  term  of  office  shall 
be  filled  by  appointment  in  the  same  manner  as  the 
original  board  was  created,  and  said  board  shall  a' ways 
•contain  its  full  complement  of  members. 

It  shall  be  a  feature  of  all  such  charters  that  there 

shall  be  provided,  among  other  things,  for  a  mayor  or 

.chief  magistrate,  and  a  legislative  body  of  either  one 

or  two  houses;  if  of  two  house.-,  at  least  one  of  them 

shall  be  elected  by  general  vote  of  the  electors. 

In  submitting  any  such  charter  or  amendment  thereto 
to  the  qualified  voters  of  such  city  or  village,  any  alter- 
nate section  or  article  may  be  presented  for  the  choice 
of  the  voters,  and  may  be  voted  on  separately  without 
prejudice  to  other  artic'es  or  sections  of  the  charter 
or  any  amendments  thereto. 

The  legislature  may  provide  general  laws  relating 
to  affairs  of  cities,  the  application  of  which  may  .be 


22  MUNICIPAL  HOME  RULE  CHARTERS 

limited  to  cities  of  over  fifty  thousand  inhabitants,  or 
to  cities  of  fifty  and  not  less  than  twenty  thousand  in- 
habitants, or  to  cities  of  twenty  and  not  less  than  ten 
thousand  inhabitants,  or  to  cities  of  ten  thousand  in- 
habitants or  less,  which  shall  apply  equally  to  all  such 
cities  of  either  class,  and  which  shall  be  paramount 
while  in  force  to  the  provisions  relating  to  the  same 
matter  included  in  the  local  charter  herein  provided 
for.  But  no  local  charter,  provision  or  ordinance  passed 
thereunder  shall  supersede  any  general  law  of  the 
State  defining  or  punishing  crimes  or  misdemeanors. 

Rev.  Laws,  1905,  sees.  746-758,  and  Laws,  1907,  c. 
17,  c.  199,  c.  216,  c.  373,  and  c.  375.  Provision  is 
made  for  carrying  the  constitutional  amendment  into 
effect  and  definite  limits  are  prescribed  within  which 
cities  may  frame  their  own  charters.  Limitations  are 
placed  on  bonded  indebtedness,  and  safeguards  are 
provided  in  the  granting  of  franchises.  Successive 
four  year  tenures  are  prescribed  for  the  charter  boards. 
Otherwise  the  legislative  enactments  largely  repeat  the 
provisions  of  the  constitutional  amendment. 

The  provisions  of  Cons!.  ;ir!.  I.  sec.  :!<>.  requiring  tin-  legis- 
lature to  prescribe  limits  within  which  cities  may  frame  their 
own  charters,  is  sufficiently  complied  with  when  the  le.irislsi- 
ture  prescribes  and  imposes  such  <reneral  restrictions  of  the. 
city's  powers  as  are  deemed  by  that  body  expedient  and  pro- 
per: and  it  is  not  necessary  that  the  legislature  prescribe  a 
L'encrsil  framework  for  the  citv  charter.  State  ex  rel.  v.  O'Con- 
nor. 1  »<><>.  SI  Minn.  7'.). 

The  constitutional  amendment  of  1SU.S  (sec.  :><>.  art.  I)  pro- 
vidinjr  for  the  submission  of  new  charters  or  amendments  to 
the  voters  of  the  localities  interested,  for  ratification,  is  es- 
sentially republican,  and  is  not  in  violation  of  sir;.  1.  sec.  I.  of 
the  federal  constitution.  Hopkins  \.  City  of  Duluth.  I'.KKI.  si 
Minn.  IS!). 


MUNICIPAL  HOME  RULE   CHARTERS  2£ 

The  various  provisions  of  a  municipal  charter,  adopted  un- 
der the  constitution  authorixing  cities  to  frame  their  own 
charters,  as  to  subjects  properly  belonging  to  the  government 
of  municipalities,  have  all  the  force  and  effect  of  legislative 
enactments.  Slate  ex  rei.  Freeman  v.  /immerman.  1902,86 
Minn.  :>">:!. 

The  power  and  authority  conferred  by  the  Constitution  upon 
cities  to  frame  their  own  charters  extends  to  and  embraces 
any  subject  appropriate  to  the  orderly  conduct  of  municipal 
affairs.  State  ex  rel.  v.  District  Court  of  St.  Louis  County, 
l!Mi:i.  !)()  Minn.  457. 

The  charter  of  any  city  incorporated  under  Const,  art.  4, 
sec.  :i(i.  allowing  cities  to  frame  their  charters  and  providing 
that  such  charter  shall  be  in  harmony  with  the  constitution 
and  laws  of  Minnesota  must  comply  with  the  public  policy  of 
the  state,  but  on  any  subject  appropriate  to  the  orderly  con- 
duct of  municipal  affairs  it  may  differ  in  detail  from  those  of 
existing  laws.  Grant  v.  Berristord,  1904,  94  Minn.  45. 

Followed  in  Peterson  v.  City  of  Red  Wing,  1907,  101  Minn. 
<>•>. 

I'nless  otherwise  expressly  provided,  the  provisions ,  of  a 
"home  rule  charter",  if  subject  to  municipal  regulation,  su- 
persede the  general  laws  with  reference  to  the  same  subject- 
matter.  Turner  v.  Snyder,  1907,  101  Minn.  481. 

Missouri.  Const.  1875  art.  9,  sec.  16.  Any  city 
having  a  population  of  more  than  one  hundred  thou- 
sand inhabitants  may  frame  a  charter  for  its  own. 
government,  consistent  with  and  subject  to  the  Con- 
stitution and  laws  of  this  State,  by  causing  a  board  of 
thirteen  freeholders,  who  shall  have  been  for  at  least 
five  years  qualified  voters  thereof,  to  be  elected  by  the 
qualified  voters  of  such  city  at  any  general  or  special 
election ;  which  board  shall,  within  ninety  days  after 
such  election,  return  to  the  chief  magistrate  of  such 
city  a  draft  of  such  charter,  signed  by  the  members 
of  such  board  or  a  majority  of  them.  Within  thirty 
days  thereafter,  such  proposed  charter  shall  be  sub- 
mitted to  the  qualified  voters  of  such  city,  at  a  gen- 


24        •      MUNICIPAL  HOME  RULE 


eral  or  special  election,  and  if  four-sevenths  of  such 
qualified  voters  voting  thereat  shall  ratify  the  same,  it 
shall,  at  the  end  of  thirty  days  thereafter,  become  the 
charter  of  such  city,  and  supersede  any  existing  charter 
and  amendments  thereof.  A  duplicate  certificate  shall 
be  made,  setting  forth  the  charter  proposed  and  its  rati- 
fication, which  shall  be  signed  by  the  chief  magistrate 
of  such  city  and  authenticated  by  its  corporate  seal. 
One  of  such  certificates  shall  be  deposited  in  the  of- 
fice of  the  secretary  of  state,  and  the  other,  after  being 
recorded  in  the  office  of  the  recorder  of  deeds  for  the 
county  in  which  such  city  lies,  shall  be  deposited  among 
the  archives  of  such  city,  and  all  courts  shall  take 
judicial  notice  thereof.  Such  charter,  so  adopted,  may 
be  amended  by  a  proposal  therefor,  made  by  the  law- 
making  authorities  of  such  city,  published  for  at  least 
thirty  days  in  three  newspapers  of  largest  circulation 
in  such  city,  one  of  which  shall  be  a  newspaper  printed 
in  the  German  language,  and  accepted  by  three-fifths 
of  the  qualified  voters  of  such  city,  voting  at  a  gen- 
eral or  special  election,  and  not  otherwise;  but  such 
charter  shall  always  be  in  harmony  with  and  subject 
to  the  Constitution  and  laws  of  the  state. 

Tin-  provision  of  sec.  1(1,  art.  !).  that  charters  may  be 
amended  by  the  ads  of  the  people  of  the  city  "and  not  other- 
wise" is  mandatory.  It  is  binding  on  all  departments  of  the 
state  iro\  -eminent  and  forbids  the  regulation  and  direction  of 
pnrelv  municipal  affairs  by  act  of  the  leirislal  nre.  Kansas 
City  ex  rel.  Xortli  Park  District  v.  Scarrill.  isii/i.  }•>:  Mo.  (!»•>. 

The  charters  and  amendments  adopted  under  art.  !>.  sec. 
1li.  supersede  the  ireneral  statutes  where  the  two  conflict  as 
to  mere  municipal  regulations.  Kansas  Cit\  v.  Marsh  Oil 
Co..  1807.  140  Mo.  158. 


MUNICIPAL  HOME  RULE   CHARTERS  25 

The  power  conferred  by  art.  !).  sec.  Hi  is  continuing  so  that 
a  city  to  which  the  section  applies  does  not  exhaust  its  con- 
stitutional grant  after  once  adopting  a  charter  thereunder. 
Morrow  v.  Kansas  City.  1905,  180  Mo.  (57"). 

Const.  1875  art.  9,  sec.  17.  It  shall  be  a.  feature  of 
all  such  charters  that  they  shall  provide,  among  other 
things,  for  a  mayor  or  chief  magistrate,  and  two  houses 
of  legislation,  one  of  which  at  least  shall  be  elected  by 
general  ticket ;  and  in  submitting-  any  such  charter  or 
amendment  thereto  to  the  qualified  voters  of  such 
city,  any  alternative  section  or  article  may  be  presented 
for  the  choice  of  the  voters,  and  may  be  voted  on  sepa- 
rately, and  accepted  or  rejected  separately,  without 
prejudice  to  other  articles  or  sections  "of  the  charter 
or  any  amendment  thereto. 

Const.  1875,  art.  9,  sees,  20-5,  as  amended  in  1902. 
Provisions  for  home  rule  charter  for  St.  Louis. 

sec.  20.  The  city  of  St.  Louis  may  extend  its  limits 
so  as  to  embrace  the  parks  now  without  its  boundaries, 
and  other  convenient  and  contiguous  territory,  and 
frame  a  charter  for  the  governemnt  of  the  city  thus 
enlarged,  upon  the  following  condition,  that  is  to  say : 
The  council  of  the  city  and  county  court  of  the  county 
of  St.  Louis  shall,  at  the  request  of  the  mayor  of  the 
city  of  St.  Louis,  meet  in  joint  session  and  order  an 
election,  to  be  held  as  provided  for  general  elections, 
by  the  qualified  voters  of  the  city  and  county,  of  a 
board  of  thirteen  freeholders  of  such  city  or  county, 
whose  duty  shall  be  to  propose  a  scheme  for  the  en- 
largement and  definition  of  the  boundaries  of  the  city, 
the  reorganization  of  the  government  of  the  county, 


20  MLMCIPAL   HOME  RULE   L'HA  /,' '1 7.7,' N 

the  adjustment  of  the  relations  between  the  city  thus 
enlarged  and  the  residue  of  St.  Louis  county,  and  the 
.government  of  the  city  thus  enlarged,  by  a  charter  in 
harmony  with  and  subject  to  the  constitution  and  laws 
of  Missouri,  which  shall,  among  other  things,  provide 
for  a  chief  executive  and  two  houses  of  legislation,  one 
of  which  shall  be  elected  by  general  ticket,  which 
scheme  and  charter  shall  be  signed  in  duplicate  by  said 
board  or  a  majority  of  them  and  one  of  them  returned 
to  the  mayor  of  the  city  and  the  other  to  the  presid- 
ing justice  of  the  county  court  within  ninety  days  af- 
ter the  election  of  such  board.  Within  thirty  days 
thereafter  the  city  council  and  county  court  shall  sub- 
mit such  scheme  to  the  qualified  voters  of  the  whole 
county  and  such  charter  to  the  qualified  voters  of  the 
-city  so  enlarged,  at  an  election  to  be  held  not  less  than 
twenty  nor  more  than  thirty  days  after  the  order 
therefor;  and  if  a  majority  of  such  qualified  voters, 
voting  at  such  election,  shall  ratify  such  scheme  and 
charter,  then  such  scheme  shall  become  the  organic 
law  of  the  county  and  city,  and  such  charter  the  or- 
ganic law  of  the  city,  and  at  the  end  of  sixty  days 
thereafter  shall  take  the  place  of  and  supersede  the 
charter  of  St.  Louis,  and  all  amendments  thereof,  and 
all  special  laws  relating  to  St.  Louis  county  incon- 
sistent with  such  scheme. 

The  constitutional  provision  (art.  !».  sec.  '.'HI  that  laws 
passed  under  the  authority  of  the  charter  must  be  in  harmony 
with  the  constitution  and  laws  of  the  state  is  not  to  be  under- 
stood as  prescribing  that  there  must  lie  an  exact  coincidence 
in  all  possible  points  of  comparison.  The  meaning  is  that  no 
regulation  established  b\  the  charter  or  made  by  its  authority 


Ml'XICIPAL  HOME  RULE   CHARTERS  27 

shall  do  violence  either  to  the  declared  laws  or  to  the  policy 
or  manifest  ^ovennental  purposes  of  the  state,  as  shown  by 
the  constitution  and  statues.  In  re  Dunn,  1880,  !)  Mo.  App. 
866. 

sec.  21.  A  copy  of  such  scheme  and  charter,  with 
a  certificate  thereto  appended,  signed  by  the  mayor  and 
authenticated  by  the  seal  of  the  city,  and  also  signed 
by  the  presiding  justice  of  the  county  court  and  authen- 
ticated by  the  seal  of  the  county,  setting  forth  the  sub- 
mission of  such  scheme  and  charter  to  the  qualified 
voters  of  such  county  and  city,  and  its  ratification  by 
them  ,sha!l  be  made  in  duplicate,  one  of  which  shall 
be  deposited  in  the  office  of  the  secretary  of  state,  and 
the  other,  after  being  recorded  in  the  office  of  the 
recorder  of  deeds  of  St.  Louis  county,  shall  be  depos- 
ited among  the  archives  of  the  city,  and  thereafter  all 
courts  shall  take  judicial  notice  thereof. 

sec.  22,  as  amended  in  1902.  The  charter  so  rati- 
fied may  be  amended  by  proposals  therefor  submitted 
by  the  lawmaking  authorities  of  the  city  to  the  quali- 
fied voters  thereof,  at  a  general  or  special  election  held 
at  least  sixty  days  after  the  publication  of  such  pro- 
posals and  accepted  by  three-fifths  of  the  qualified 
voters  voting  for  or  against  each  of  said  amendments 
so  submitted;  and  the  lawmaking  authorities  of  such 
city  may  order  an  election  by  the  qualified  voters  of 
the  city  of  a  board  of  thirteen  freeholders  of  such 
city  to  prepare  a  new  charter  for  such  city,  which 
said  charter  shall  be  in  harmony  with  and  subject  to 
the  constitution  and  laws  of  the  state,  and  shall  pro- 
vide, among  other  thing's,  for  a  chief  executive  and  at 


88  Ml  MCI  PAL  HOME  RULE   CHARTERS 

least  one  house  of  legislation  to  be  elected  by  a  gen- 
eral ticket.  Said  revised  charter  shall  be  submitted 
to  the  qualified  voters  of  such  city  at  an  election  to  be 
held  not  less  than  twenty  nor  more  than  thirty  days 
after  the  order  therefor,  and  if  a  majority  of  such 
qualified  voters  voting  at  such  election  ratify  such 
charter,  then  said  charter  shall  become  the  organic  law 
of  such  city,  and  sixty  days  thereafter  shall  take  effect 
and  supersede  the  charter  of  such  city  and  all  special 
laws  inconsistent  therewith. 

sec.  23.  Such  charter  and  amendments  shall  always 
be  in  harmony  with  and  subject  to  the  constitution  and 
laws  of  Missouri,  except  only  that  provision  may  be 
made  for  the  graduation  of  the  rate  of  taxation  for 
city  purposes  in  the  portions  of  the  city  which  are 
added  thereto  by  the  proposed  enlargement  of  its 
boundaries.  In  the  adjustment  of  the  relations  be- 
tween city  and  county,  the  city  shall  take  upon  itself 
the  entire  park  tax ;  and  in  consideration  of  the  city 
becoming  the  proprietor  of  all  the  county  buildings  and 
property  within  its  enlarged  limits,  it  shall  assume  the 
whole  of  the  existing  county  debt,  and  thereafter  the 
city  and  county  of  St.  Louis  shall  be  independent  of 
each  other.  The  city  shall  be  exempted  from  all 
county  taxation.  The  judges  of  the  county  court  shall 
be  elected  by  the  qualified  voters  outside  of  the  city. 
The  city,  as  enlarged  shall  be  entitled  to  the  same 
representation  in  the  general  assembly,  collect  the  state 
revenue  and  perform  all  other  functions  in  relation  to- 
the  state,  in  the  same  manner,  as  if  it  were  a  county 


MUNICIPAL  HOME  RULE   CHARTERS  29 

as  in  this  constitution  denned;  and  the  residue  of  the 
county  shall  remain  a  legal  county  of  the  state  of  Mis- 
souri, under  the  name  of  the  county  of  St.  Louis.  Un- 
til the  next  apportionment  for  senators  and  representa- 
tives in  the  general  assembly,  the  city  shall  have  six 
senators  and  fifteen  representatives,  and  the  county 
one  senator  and  two  representatives,  the  same  being 
the  number  of  senators  and  representatives  to  which 
the  county  of  St.  Louis,  as  now  organized  is  entitled 
under  sections  eight  and  eleven  of  article  4  of  this 
constitution. 

Sees.  20-25  of  art.  '.).  of  the  Constitution  conferred  pn  the 
city  of  St.  Louis  the  power  to  regulate  its  own  affairs  without 
interh-rence  from  the  state  legislature  except  in  cases  ex- 
pivssly  intrusti',1  to  the  legislature  by  some  constitutional  ex- 
ception. Kwinjr  v.  Hoblitzelle,  1885.  15  Mo.  App.  441. 

Oklahoma.  Const.  1907,  art.  18,  sec.  3  (a).  Any 
city  containing  a  population  of  more  than  2,000  in- 
habitants may  frame  a  charter  for  its  own  govern- 
ment, consistent  with  and  subject  to  the  constitution 
and  laws  of  this  state,  by  causing  a  board  of  free- 
holders, composed  of  two  from  each  ward,  who  shall 
be  qualified  electors  of  said  city,  to  be  elected  by  the 
qualified  electors  of  said  city,  at  any  general  or  special 
election,  whose  duty  it  shall  be,  within  ninety  days 
after  such  election,  to  prepare  and  propose  a  charter 
for  such  city,  which  shall  be  signed  in  duplicate  by 
'the  members  of  such  board  or  a  majority  of  them, 
and  returned,  one  copy  of  said  charter,  to  the  chief 
executive  officer  of  said  city,  and  the  other  to  the 
register  of  deeds  of  the  county  in  which  said  city  shall 


30  l/T  \7f7PAL   HOME  RULE   CHARTERS 

be  situated.  Such  proposed  charter  shall  then  be  pub- 
lished in  one  or  more  newspapers  published  and  of 
general  circulation  within  said  city,  for  at  least  twenty- 
one  days,  if  in  a  daily  paper,  or  in  three  consecutive 
issues,  if  in  a  weekly  paper,  and  the  first  publication 
shall  be  made  within  twenty  days  after  the  completion 
of  the  charter ;  and  within  thirty  days,  and  not  earlier 
than  twenty  days  after  such  publication,  it  shall  be 
submitted  to  the  qualified  electors  of  said  city  at  a 
general  or  special  election,  and  if  a  majority  of  such 
qualified  electors  voting  thereon  shall  ratify  the  same, 
it  shall  thereafter  be  submitted  to  the  governor  for 
his  approval,  and  the  governor  shall  approve  the  same 
if  it  shall  not  be  in  conflict  with  the  constitution  and 
laws  of  this  state.  Upon  such  approval  it  shall  be- 
come the  organic  law  of  such  city  and  supersede  any 
existing  charter  and  all  amendments  thereof  and  all 
ordinances  inconsistent  with  it.  A  copy  of  such  char- 
ter, certified  by  the  chief  executive  officer,  and  authen- 
ticated by  the  seal  of  such  city,  setting  forth  the  sub- 
mission of  such  charter  to  the  electors  and  its  ratifica- 
tion by  them  shall,  after  the  approval  of  such  charter 
by  the  governor,  be  made  in  duplicate  and  deposited, 
on,e  in  the  office  of  the  secretary  of  state  and  the  other, 
after  being  recorded  in  the  office  of  said  register  of 
deeds,  shall  be  deposited  in  the  archives  of  the  city; 
and  thereafter  all  courts  shall  take  judicial  notice  of 
said  charter.  The  charter  so  ratified  may  be  amended 
by  proposals  therefor,  submitted  by  the  legislative 
authority  of  the  city  to  the  qualified  electors  thereof 


MUNICIPAL   HOME  RULE   CHARTERS  31 

(or  by  petition  as  hereinafter  provided)  at  a  general 
or  special  eleciton,  and  ratified  by  a  majority  of  the 
qualified  electors  voting  thereon,  and  approved  by  the 
governor  as  herein  provided  for  the  approval  of  the 
-charter. 

sec.  3  (b).  An  election  of  such  board  of  freeholders 
may  be  called  at  any  time  by  the  legislative  authority 
•of  any  such  city  and  such  election  sha'l  be  called  by  the 
-chief  executive  officer  of  any  such  city  within  10  days 
after  there  shall  have  been  filed  with  him  a  petition 
demanding  the  same,  signed  by  a  number  of  qualified 
electors  residing  within  such  city,  equal  to  25  per- 
•centum  of  the  total  number  of  votes  cast  at  the  next 
preceding  general  municipal  e'ection ;  and  such  elec- 
tion shall  be  held  not  later  than  30  days  after  the  call 
therefor.  At  such  election  a  vote  shall  be  taken  upon 
the  question  of  whether  or  not  further  proceedings 
toward  adopting  a  charter  shall  be  had  rn  pursuance  to 
the  call,  and  unless  a  majority  of  the  qualified  electors 
voting  thereon  shall  vote  to  proceed  further,  no  fur- 
ther proceedings  shall  be  had,  and  all  proceedings  up 
to  that  time  shall  be  of  no  effect. 

Oregon.  Const,  art.  11.  sec.  2,  as  amended  in  1906. 
•Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  the  legislative  assembly  by 
special  laws.  The  legislative  assembly  shall  not  enact, 
amend,  or  repeal  any  charter  or  act  of  corporation  for 
any  municipality,  city,  or  town.  The  legal  voters  of 
every  city  and  town  are  hereby  granted  power  to  en- 
act and  amend  their  municipal  charter,  subject  to  the 


Ml  Mr l I'M.    HOME  RULE  CHARTERS 

constitution  and  criminal  laws  of  the  state  of  Oregon, 
(Proposed  by  initiative  petition  and  adopted,  June  4, 
1906.) 

Const.  ;iri.  II.  sec.  '^.  as  amended  June  4,  I'.tcii.  c\pressl\  de- 
prives the  legislative  assembly  of  all  authority  i<>  marl, 
amend  or  repeal  any  charter  of  a  city  or  town  the  le^al  voters 
of  which  have  reserved  to  themselves  the  exercise  of  such 
jiower.  except  the  riyht  of  appeal.  Acme  Dairv  Co.  v.  Cit\  of 
Astoria,  1!Ki;.  '.)<>  Pac.  (Ore.)  15J5. 

Const,  art.  11.  sec.  -'.  as  amended  . I  une  1.  1 '.»('<).  prohihits  the 
legislature  from' amending  the  charter  of  cities  and  towns,  the 
riirhl  of  which  is  reserved  to  the  voters  thereof,  and  art.  I.  as 
amended  .lune  1.  1!M><>.  by  section  la.  provides  that  the  refer- 
endum may  be  demanded  by  the  people,  which  power  is  re- 
served to  the  leiral  voters  of  every  municipality  and  district, 
as  to  all  local,  special,  and  municipal  legislation  of  e\ery  kind 
in  and  for  their  respective  municipalities  and  districts:  that 
the  manner  of  excercisiny  such  power  shall  be  prescribed  by 
the  ireneral  laws,  except  that  the  cities  and  towns  may  pro- 
vide for  the  manner  of  exercising  such  powers  as  to  their  mu- 
nicipal legislation.  Held,  that  the  initiative  and  referendum 
power  SO  Conferred  on  municipalities  was  not  limited  to  the 
enactin-r  or  repealing  of  ordinances  but  extended  to  the 
amendment  of  the  charter.  Acme  Dairv  Co.  v.  Citv  <>f  Asto- 
ria. l!)(>r.  !M)  Pac.  (Ore.)  15SJ. 

Washington.  Const.  1889,  art.  11,  sec.  10.  .  .  . 
Any  city  containing  a  population  of  twenty  thousand 
inhabitants,  or  more,  shall  be  permitted  to  frame  a. 
charter  for  its  own  government,  consistent  with  and 
subject  to  the  constitution  and  laws  of  this  state,  and 
or  such  purpose  the  legislative  authority  of  such  city 
may  cause  an  election  to  be  had,  at  which  election  there 
shall  be  chosen  by  the  qualified  electors  of  said  city, 
fifteen  freeholders  thereof  who  shall  have  been  resi- 
dents of  said  city  for  a  period  of  at  least  two  years 
preceding  their  election  and  qualified  voters,  whose 
duty  it  sha  1  be  to  convene  within  ten  days  after  their 
election  and  prepare  and  propose  a  charter  for  such 
city.  Such  proposed  charter  shall  be  submitted  to  the 


MUNICIPAL  HOME  RULE   CHARTERS  33 

qualified  electors  of  said  city,  and  if  a  majority  of 
such  qualified  electors  voting  thereon  ratify  the  same, 
it  sha.l  become  the  charter  of  said  city,  and  shall  be- 
come the  organic  law  thereof,  and  supersede  any  ex- 
isting charter,  including  amendments  thereto,  and  all 
special  laws  inconsistent  with  such  charter.  Said  pro- 
posed charter  shall  be  published  in  two  daily  news- 
papers published  in  said  city,  for  at  least -thirty  days 
prior  to  the  day  of  submitting  the  same  to  the  electors 
for  their  approval,  as  above  provided.  All  elections  in 
this  section  authorized  shall  only  be  had  upon  notice, 
which  notice  shall  specify  the  object  of  calling  such 
election,  and  shall  be  given  for  at  least  ten  days  before 
the  day  of  election,  in  all  election  districts  of  said  city. 
Said  elections  may  be  general  or  special  elections,  and 
except  as  herein  provided,  shall  be  governed  by  the  law 
regulating  and  controlling  general  or  special  elections 
in  said  city.  Such  charter  may  be  amended  by  pro- 
posals therefor  submitted  by  the  legislative  authority 
of  such  city  to  the  electors  thereof  at  any  general  elec- 
tion after  notice  of  said  submission,  published  as  above 
specified,  and  ratified  by  a  majority  of  the  qualified 
-electors  voting  thereon.  In  submitting  any  such  char- 
ter or  amendment  thereto,  any  alternate  article  or 
proposition  may  be  presented  for  the  choice  of  the 
voters,  and  may  be  voted  on  separately  without  preju- 
dice to  others. 

General  laws  cannot  be  affected  by  the  adoption  of  a  mu- 
nicipal freeholders'  charter  but  are  binding  upon  the  corpora- 
tion. State  v.  Carson,  1893,  6  Wash.  250. 

The  right  of  a  city  of  the  first  class  to  make  a  new  charter 
is  included  within  the  constitutional  ."rant  of  power  to  frame 


34  MUNICIPAL  HOME  RULE  CHARTERS 

a  charier  and  the  mode  pointed  out  in  art.  11.  sec.  H>.  of  the 
constitution  for  submitting  proposed  amendinenls  to  a  vote  of 
the  peo|)le  should  not  be  construed  as  exclusive  of  e\er\  oilier 
ini-ihod.  Reeves  v.  Anderson.  ]S!)5.  II!  Wash.  17. 

Baliinger's  Ann.  Codes  and  St.  1897,  sees.  734-742. 
Enumerates  the  powers  of  cities  having  20,000  popu- 
lation or  more  and  makes  provision  in  detail  for  the 
organization  and  government  of  such  cities  under  the 
home  rule  provisions  of  the  constitution.  (Laws,. 
1890,  p.  131,  sec.  23  and  p.  215,  sees.  1-9.) 

sec-.  7G3-768.  Upon  petition  of  l/$  of  the  qualified 
electors,  the  city  council  is  required  to  provide  for 
the  election  of  freeholders  to  propose  changes  in  the 
charter.  (Laws,  1895,  c.  27.) 

Laws,  1903,  c.  186.  On  petition  of  15%  of  the 
qualified  voters  of  any  municipality,  having  adopted  a 
charter  under  the  laws  of  the  state,  requesting  the 
adoption  of  a  specified  charter  amendment  providing 
for  any  matter  within  the  realm  of  local  affairs  or 
municipal  business,  the  amendment  must  be  submitted 
to  the  voters  and  if  approved  by  a  majority  of  the 
electors  voting  upon  the  proposition  the  amendment  is 
to  become  a  part  of  the  charter  law. 

This  provision  is  not  to  be  construed  as  depriving 
city  councils  from  submitting  proposed  charter  amend- 
ments to  the  voters  as  now  provided  but  is  to  be  held 
as  affording  a  concurrent  and  additional  method  for 
proposing  and  submitting  amendments. 

1'nder  Acts.  IIKKJ.  c.  lS(i.  requirin.ir  submission  to  the  voters 
of  an  amendment  of  a  city  charier  on  pet  it  ion  of  a  certain 
proportion  of  the  qualified  voters  of  the  city  il  lies  with  the 
city  council  in  the  first  instance  to  pass  on  the  question  of 
the  .qualification  of  the  signers.  Hind  man  v.  K»\d.  I'.KH;.  s| 
Par.  (Wash.)  <J<K>. 


MUNICIPAL  HOME  RULE   CHARTERS  35 


PROCEDURE  IN  CHARTER-MAKING 


The  procedure  required  by  the  different  constitu- 
tional provisions  in  the  drafting  of  home  rule  charters 
is  very  similar  in  the  different  states. 

Initiation  of  charter-making 

The  power  to  initiate  proceedings  for  framing  a 
charter  is  most  generally  placed  with  the  law-making 
authorities  of  the  municipality  but  this  is  not  uni- 
formly the  rule.  In  Minnesota  the  district  court  is 
authorized  to  take  the  initiative.  Quite  generally  pro- 
vision is  made  for  initiating  proceedings  upon  petition 
of  a  specified  percentage  of  the  qualified  electors. 

Initiative  by  district  court.  The  Minnesota  provi- 
sion is  the  only  one  which  authorizes  the  judiciary  to 
take  the  initiative  in  the  framing  of  freeholders'  char- 
ters. 

See  Minn.  Const,  art.  4.  sec.  :5(i. 

Initiative  by  law  making  authority.  In  a  number  of 
the  states  the  legislative  authority  of  the  city  may  call 
an  election  for  a  charter  board  at  its  discretion. 

See  Cal.  Const,  art.  11,  sec.  8:  Mo.  Const,  art.  9,  sec.  16; 
Okla.  Const,  art.  18,  sec.  (3)  and  Wash.  Const,  art.  11,  sec.  10. 


36  MUNICIPAL  HOME  RULE   CHARTERS 

Initiative  by  electors.  In  certain  states  an  election 
for  a  charter  convention  must  be  called  upon  petition 
of  a  specified  percentage  of  the  qualified  voters.  In 
Colorado  the  number  of  signatures  required  is  5%  and 
in  Oklahoma  and  in  Washington  each  25 %. 

Sec  Col.  Cons'.,  ar:.  •>'».  sec.  ')-.  Okhi.  Const,  art.  18,  S6C.  3 
(b)  and  Wash.  |>aws.  IS!);!,  c.  27. 

In  Minnesota  the  board  of  freeholders  in  charter 
commission  must  be  assembled  upon  petition  of  5% 
of  the  legal  voters. 

Selection  of  charter  board 

E'cction  by  people.  Provision  is  generally  made  for 
the  election  of  the  charter  board  by  the  qualified  elec- 
tors of  the  municipality. 

Compare    the    provisions  of    Cal.  Const,    ar!.   11.  sec.  S:  Col. 

('mis!,    art.  '.'0.  sec.  ">:    Mo.  Cons!,  art.   S).  sec.  Hi.   and  sec.  '.'d: 

Okla.    Const,      art.    S.    sec.  I!  (a):    and    Wash.   Const,     art.    11. 
sec.  10. 

Appointment  by  judiciary.  Minnesota  is  an  excep- 
tion to  the  general  rule  and  provides  that  the  board 
be  appointed  by  the  district  court  of  the  judicial  dis- 
trict in  which  the  city  or  village  is  situated. 

Si-e  M  inn.  ( 'oust.,  art.    1.  sec.  :t(i. 

Constitution  of  board 

X timber  of  members.  The  charter  board  is  com- 
posed of  13  members  in  Missouri,  15  members  each 
in  California.  Minnesota  and  Washington,  and  21 
members  in  Colorado.  Oklahoma  provides  for  the 
election  of  2  freeholders  from  each  ward  of  the  munic- 
ipality. 


MUNICIPAL  HOME  RULE   CHARTERS  37 

Tenure  of  office.  In  all  of  the  states  except  Min- 
nesota the  term  of  office  expires  after  the  charter  has 
been  framed.  In  Minnesota  the  board  is  permanent 
but  the  term  of  office  is  limited  to  4  years. 

Sec  Minn  Const,  art.  J.  sec.  M  and   Laws.  LSD!),  c.  ->5l. 

Ratification  of  charter 

The  proposed  charter  must  be  submitted  to  a  refer- 
endum vote  of  the  qualified  electors  in  each  of  the 
states. 

Ratification  by  electors.  In  Colorado  and  in  Wash- 
ington a  majority  of  the  qualified  electors  voting  on  the 
proposition  for  the  charter  is  sufficient  for  ratifica- 
tion. In  Missouri  and  in  Minnesota  a  majority  of 
4/7  of  the  electors  voting  at  the  election  is  necessary 
and  Minnesota  requires  a  majority  of  $4  for  changing 
patrol  limits. 

Legislative  veto.  California  requires  a  majority  of 
the  qualified  electors  "voting  thereon"  and  a  subse- 
quent submission  of  the  charter  to  the  legislature  for 
its  approval  or  rejection  as  a  whole  without  power  of 
alteration  or  amendment. 

Approval  of  governor.  Oklahoma  provides  that  a 
charter  ratified  by  the  people  must  be  submitted  to  the 
governor  of  the  state  and  he  is  required  to  approve 
the  same  if  it  is  not  in  conflict  with  the  laws  of  the 
state. 

Charter  amendments 

In  most  of  the  states  the  procedure  for  securing  a 
charter  amendment  is  similar  to  the  method  of  secur- 


38  MI  XWIPAL  HOME  RULE   CHARTERS 

ing  a  complete  charter  but  a  wider  use  of  the  initia- 
tive through  petition  is  generally  authorized  in  the 
case  of  amendments.  The  submission  of  charter 
amendments  is  required  upon  petition  of  15%  of  the 
qualified  voters  in  California,  5%  in  Colorado  and 
Minnesota  and  25%  in  Oklahoma.  Washington  pro- 
vides 2  alternative  methods  for  amendments :  upon  peti- 
tion of  25%  of  the  qualified  electors  the  city  council 
must  provide  for  the  election  of  freeholders, to  pro- 
pose changes  in  the  charter,  or  if  15%  of  the  qualified 
voters  request  the  submission  of  a  specified  charter 
amendment  it  must  be  submitted. 

Compare  the  provisions  of  Cal.  Const,  art.  11.  sec.  8;  Col. 
Const,  art.  'id  sec.  .">:  Minn.  Const,  art.  J,  sec.  ::<>:  Okla. 
Const,  art.  IS.  sec.  :>,  (b):  Wash.  Laws.  IS!  (.I.  c.  ^7  and  Laws. 
1903  c.  ISO. 


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